Slip and Fall / Premises Liability: Injured
Injured - The FindLaw Accident, Injury and Tort Law Blog

Slip and Fall and Premises Liability

Slip and Fall / Premises Liability: Under this theory, the owners and occupiers of land or property owe a legal responsibility for accidents and injuries that occur on their property. These laws are largely dependant on state law and vary from state-to-state. What's usually important in these cases is to look at the status of the injured. Where they a trespassor or were they invited to the property? The status of the injured person with regards to the property might play a role in determining duty, depending on the state. Courts might also look at the condition of the property. Finally, there may be special laws applying to landlords and lessors of property.

Recently in Slip and Fall / Premises Liability Category

Top Personal Injury Questions From FindLaw Answers: March 2015

You've got questions... we've got answers. If you have not yet asked or answered a question in FindLaw's Answers community, what are you waiting for? This amazing free resource supports a dynamic community of legal consumers and attorneys helping each other out. Simple as that.

We see a lot of great questions in our Answers community every day. Here's a look at two recent questions from our accident and injury boards:

1. I was injured in a car accident caused by a city bus driver. Is it possible to sue the government? And if I can sue the government, is the process any different from suing a 'regular' (non-government) party?

Ever heard of the saying, "the king can do no wrong"? This question brings up the doctrine of sovereign immunity -- an old legal theory that basically protects the government from being sued without its own permission. Luckily for the original poster, many states have loosened these protections, and now allow people to file claims (personal injury, premises liability, etc.) for injuries caused by government entities.

It's happened to almost everyone. You parked your car in the grocery store's lot, and when you come out, a dreaded shopping cart is up against your car! Who is going to pay for the damage?

A New Jersey woman recently went head-to-head with Sam's Club, demanding that the store pay for damage to her car caused by two shopping carts. The woman had just parked her car when she saw two carts stacked together and a shouting Sam's Club employee zooming towards her car. Bam! The runaway carts hit her front bumper, causing over $1,000 in damage.

Sam's Club initially refused to pay for the woman's damages, reports. The store claimed that a customer left the carts in the parking lot and the wind blew the carts towards her car, so they were not liable.

Should Sam's Club, or any store, be responsible for dents and dings caused by shopping carts?

Injured on Someone Else's Property: Can You Sue?

When you're injured on someone else's property, the owner of that property may sometimes be held liable for your damages.

Generally, a legal doctrine known as premises liability makes the owner of property liable for damages caused by conditions on that property. But whether an injured person is able to recover for his or her injuries from a property owner depends on a number of different factors.

What should you know about suing for injuries on another person's property? Here are a few important considerations:

Contractor Injured at Your House: Are You Liable?

Homeowners having work done to their homes may be concerned about not just the quality of the work, but also about the potential legal liability for injuries sustained by contractors performing the work.

By virtue of owning the property, homeowners may generally be held responsible for injuries caused by negligence in failing to maintain the property in a reasonably safe condition. What is considered negligence in a given situation depends in part upon the status of the injured person, but also the cause of the injury and the circumstances surrounding an accident. A homeowner's eventual liability may also depend on whether an injury will be covered by insurance.

What do homeowners need to know about the possibility of a home-improvement or construction contractor being injured?

Child Injured at School: Should You Sue?

For parents or guardians of children, an injury suffered at school is certainly cause for alarm.

But whether or not a child's injury should lead to a personal injury lawsuit may depend on a number of different factors. One of the most important factors is, of course, the type and severity of the injury suffered by your child. When an injury does not result in the need for medical treatment or create lasting physical or emotional harm, it may be difficult to recover damages in a lawsuit.

What else should you know when deciding whether to file a lawsuit for a school injury? Here are a few points to consider:

Hey, you kids! Get off my lawn!

Actually, you don't have to be plagued by neighbors' baseballs in order to sue for trespass to property. As it turns out, anytime anyone, or anything, ends up on your property without your permission, it's technically a trespass. Whether you can legally recover anything for that trespass, though, is a different question.

What are the elements of trespass, and when does it make sense to go to court?

You may have been injured a while ago, and you just haven't gotten around to pursuing your injury claim yet.

But beware: If you wait too long, you might be too late to get compensation in civil court for your injuries. On the other hand, even though a lot of time has passed, you shouldn't always assume that your case isn't worth pursuing.

So when is it too late to sue for injury?

The 2014 year was like many before it, full of injuries, dangerous defects, and personal injury lawsuits.

FindLaw's Injured wants its readers to know what legal options exist for those who are injured or placed in dangerous situations, and 2014 has not failed to educate.

So let's look at the 10 most popular Injured stories for 2014:

Skiers and snowboarders may want to take note of a recent ruling by the Oregon Supreme Court regarding ski resorts and blanket liability waivers.

In a somewhat unusual decision, the Oregon high court ruled in Bagley v. Mt. Bachelor Inc. that the liability waiver preventing a paralyzed man from suing the resort over his snowboarding injuries was legally unenforceable. The Oregonian reports that this may change the entire ski industry, as many resorts make use of similar waivers.

So what five things should you know about this ski waiver decision?

Can You Still Sue for Injury If There Was a Sign?

As part of an overall increased awareness of the potential to be sued for personal injuries, many businesses and property owners are choosing to display warning signs for potentially dangerous conditions on a property or inside a building.

But what happens if you are nevertheless injured by what a warning sign is actually warning you about, such as slipping on a wet floor where a "Caution: Wet Floor" sign was posted, or being bitten by a dog despite a posted "Beware of Dog" sign?

Can you still sue for injuries if there was a sign? Generally, yes, but it may be more difficult to successfully recover for those injuries. Here are a few examples of common warning signs and their possible effects on a potential lawsuit: